±608 VMY PRESIDENT LINCoia/ 

M3H SPARED three Lives 

T bY 

Isaac /ntyfo^ 



penmalipe* 

P H8J 



w 



Why President Lincoln 
Spared Three Lives 



BY ISAAC MARKENS 



PRINTED FOR THE AUTHOR 
62 BEAVER STREET 
NEW YORK 
1911 



em 






*« itti 







Lj Why President Lincoln J 
P Spared Three Lives S 



Within the fortress whose defiant flag inspired the lines of 
Key's immortal national anthem three Confederate spies. 
awaiting execution in the closing year of the Civil War, were 
snatched from the gallows by a stroke of President Lincoln's 
pen. This act of Executive clemency was the sequence to an 
interesting incident during Mr. Lincoln's journey to Washing- 
ton to assume the presidency in 1861, when the rampant spirit 
of secession prevailing in Maryland forbade all preparations 
for official welcome in that State. 

Thus it came that the President-elect and his family ar- 
ranged for a short stop in Baltimore as the guests of a private 
citizen, John S. Gittings, banker and President of the Northern 
Central Railroad, by which line he was scheduled to reach that 
city. As is well known, information of an assassination plot 
induced Mr. Lincoln to leave his fellow-travelers at Harris 
burg, secretly return to Philadelphia by special train, accom- 
panied by a sole coriipanion, Ward H. Lamon. and there board 
the regular midnight train for Washington, where he arrived 
unrecognized in the early morning of February 23. 

Adhering to the original program, the presidential party, in- 
cluding Mrs. Lincoln and her sons, Robert, Willie, and "Tad." 
went from Ilarrishurg to Baltimore, where their train was 
greeted by an immense crowd which rolled in about it like a 
vast tidal wave. Some of the more unruly element were bold 
enough to invade Mrs. Lincoln's private car until driven out 
by John Hay, who locked the door amidst an outburst of 
oaths and obscenity which swelled in intensity and volume 
when it became known that Mr. Lincoln was not with the 
party, but had stolen a march and was already in Washington. 

Finally Mrs. Lincoln. Willie, and "Tad" entered Mr. Git 
tings's carriage and were driven to his home, Robert Lincoln 
and others of the party having meanwhile gone to a hotel in a 



special omnibus which awaited them. Hostile demonstrations 
in the form of yells, cat calls, and cheers for the Southern 
Confederacy followed Mrs. Lincoln's entrance into the Git- 
tings house, albeit it was known that the master of the house 
was one of the earliest and strongest of Democrats. It was 
likewise no secret that Mrs. Gittings was a woman of pro- 
nounced Southern sentiments— by birth a Virginian, the daugh- 
ter of Thomas Ritchie, deceased, a distinguished Richmond 
journalist, active politician, and advocate of Southern States 
rights. Distinguished lor her generosity, agreeable personality, 
and thorough understanding of her social duties, Mrs. Git- 
tings could well assume the role of hostess of the future mis- 
tress of the White House under such peculiar circumstances. 
It followed that Mrs. Lincoln was handsomely entertained, 
despite the rabble outside. 

In due course the Gittings carriage was again at her dis 
posal for conveyance across the city to the Camden Street 
Station of the Baltimore and Ohio Railroad, where she took 
the train for Washington. Thus terminated all intercourse 
between the President's family and his Baltimore friends for 
a period of several years, when Mr. Lincoln's gratitude for 
his wife's entertainment by the Gittings family was manifested 
in a remarkable manner. 

It was on the night of August 28, 1864, that a number of 
ladies and gentlemen trooped into the Gittings house, the scene 
of Mrs. Lincoln's visit in 1861. They made known that they 
had come to confer about the case of three Confederate sol- 
diers, John H. R Embert, Braxton Lyon, and Samuel B. Hearn, 
all privates of Company U, 1st Maryland Cavalry Regiment 
of the Confederate army, who had been tried, convicted, and 
sentenced by a court-martial to be hanged as spies at Fort 
McHenry the following morning. Mr. Gittings's good offices 
were invoked to prevent the execution. Various extenuating 
circumstances were set forth, which, in the judgment of the 
visitors, favored a remission of the sentence. They referred 
to the fact that Secretary Stanton had been appealed to with- 
out avail, and Gen. Lew Wallace, Commander of the Maryland 
Department, had likewise turned a deaf ear to all appeals. 
The pending execution was a subject of considerable discussion 
in the newsoaoers, and it was well known that President Lin- 

[2] 



coin had for some days been approached by many influential 
citizens of Baltimore, who begged for a commutation of the 
death sentence, with no result beyond his patiently listening 
to their pleadings, and many were the rumors afloat as to his 
intentions in the matter. Nevertheless, Mr. Gittings's callers 
felt that his efforts might bear fruit; and to expedite matters, 
they had a special train in readiness at the railroad station to 
take them to Washington. 

There was much pleading with Mr. Gittings, who was averse 
to making the trip because of the lateness of the hour. More- 
over, and what was of far greater importance, he declared, was 
his lack of influence with the President in a matter of this 
kind. Mr. Gittings proving obdurate, the visitors now concen- 
trated their energies on his wife, and after much persuasion 
the two consented to accompany the party, which was com- 
posed of Thomas A. Embert and Valentine B. Clements, 
brother and brother-in-law of the prisoner Embert, William 
Goldsborough, and Lemuel Roberts, of Queen Anne County, 
Md. ; Charles Gwynne, Beverly Johnson, and Garrett W. 
Brown, of Baltimore. All of these, together with Judge 
Richard Grayson, of Baltimore County, and C. Hart and George 
Sykes, of Washington, had previously presented the case to 
the President, and had been favorably impressed by their kind 
reception and Mr. Lincoln's assurance that he would give 
the case his best attention. Furthermore he told them that he 
was opposed to hanging except when duty compelled. Samuel 
W. Smith, Director of the Baltimore & Ohio Railroad, and a 
number of clergymen had also sent petitions to the President. 

The road to Washington was soon covered, but bitter was 
their disappointment to learn at the White House that the 
President was not there, but at his summer retreat, "The Sol- 
diers' Home," in the suburbs of the capital. Time was precious, 
the lives of three men hung in the balance, the President nnivt 
be reached without delay, and at all speed the party hurried to 
the "Soldiers' Home" and aroused the inmates. In response 
to a message that a party from Baltimore wished an interview 
on a matter of importance, the President sent word that he 
would soon come down. Presently the tall figure of the Chief 
Magistrate appeared at the head of the stairway, clad in de- 
cidedly scant attire, and holding a candle high over his head. 

[31 



Mr. Lincoln was just about descending the stairs when made 
aware of the presence of ladies in the party, whereupon he 
beat a retreat and soon reappeared in more appropriate apparel. 
Joining his visitors, he inquired the object of their call, where- 
upon the spokesman of the party proceeded to give an outline 
of the case, with which the President was, of course, in a gen- 
eral way familiar Having had his say, he then presented Mr. 
and Mrs. Gittings. The latter at once engaged in an eloquent 
appeal for the lives of the prisoners, Mr. Lincoln paying close 
attention to all she had to say. He then inquired of Mrs. 
Gittings whether the Secretary of War had been seen about 
the case, and was told that all sources of authority had been 
appealed to without avail. 

The conversation now took a new turn, and the President 
continued : "Pardon me, madam ; are you not a Southern 
woman?" 

Mrs. Gittings, fully equal to the occasion, replied : "Yes, 
Mr President. 1 am the daughter of Thomas Ritchie, of 
Richmond, whose name and reputation are well known to you." 

Just now it must have dawned upon Mr. Lincoln that the 
woman so earnestly pleading before him was none other than 
the erstwhile befriender of Mrs. Lincoln in 1861. As the in- 
terview proceeded, it was made clear that the Gittings family 
had not escaped the espionage of the Federal authorities in 
their endeavors of the past three years to repress the disloyal 
element in Baltimore. It was equally evident that the Presi- 
dent had not lost sight of the Gittings family during this 
period. That he was fully conversant with Mrs. Gittings's 
political attitude in the community was attested by his next 
statement : "Madam, I have heard that you sympathizers are 
keenly active for the Southern cause, and, further, that you 
are suspected of sending material aid and succor to your 
Southern friends." 

Not at all disconcerted, Mrs. Gittings responded: "Yes, Mr. 
President, my kinsfolk and acquaintances are suffering, and I 
do what I can to relieve them." 

Here the conversation was for a moment suspended, Mr 
Lincoln assuming a reflective mood, his visitors meanwhile in 
suspense as to the issue. The denouement suggests that the 
President was revolving in his mind the happenings in Balti- 

141 



more just preceding his inauguration. Deep was the relief of 
the party when, breaking the silence, he abruptly announced 
to Mrs. Gittings: "Madam, I owe you a debt. You took my 
family into your home in the midst of a hostile mob. You gave 
them succor and helped them on their way That debt has 
never been paid, and I am glad of the opportunity to do so 
now, for I shall save the lives of these men." 

Instructions were forthwith issued for a suspension of the 
execution, and the Adjutant General, E. D. Townsend. on 
August 31 issued this order: 

"The sentence, to be hanged by a military commission, 
promulgated in General Order No. 61, Headquarters Middle 
Department 8th Army Corps, Baltimore, Md., August 8, 1864, 
in the cases of Samuel P. (B.) Hearn, Braxton Lyon, and 
John R. H. Embert, citizens — is commuted by the President 
of the United States to confinement at hard labor in the peni- 
tentiary during the war. The penitentiary at Albany, N. Y., is 
designated as the place of confinement to which the prisoners 
will be sent under suitable guard by order from this depart- 
ment commander and delivered to the warden for execution 
of their sentence. 

"By Order of the Secretary of War." 

In accordance with these orders, the three prisoners were 
transferred to the Albany penitentiary on September 4. On 
January 6, 1865, the warden of the penitentiary was notified by 
the commissary general of prisoners to send them to Fort 
Monroe for exchange. Their parole followed, and on July 
12 Adjutant General Townsend announced in General Orders 
the remission of their sentence and immediate discharge upon 
taking the oath of allegiance. 

President Lincoln of course had no hand in the disposal of 
the men after April 14. His leniency may have been influenced 
by the protest of the Confederate authorities through Robert 
Ould, Commissioner of Exchange, who gave notice "that un- 
less the men are released prompt and efficient measures of 
retaliation will be taken." The widow of Embert informs the 
writer that a son of Governor Curtin, of Pennsylvania, was 
one of three Federal officers held as hostages in Richmond 
until the case was disposed of. 

f 5 ] 



Ould had as early as September g, 1864, informed Major 
General Hitchcock, the Federal agent for exchange, through 
General Butler that Embert, Lyon, and I learn had left their 
command the previous March to visit their relatives in Mary- 
land, expecting to return in a short time, and that they were in 
no sense spies, and that the fact could be proved. 

For some unexplained reason, designedly or otherwise, 
there was no promulgation of President Lincoln's commuta- 
tion of Embert's, Lyon's, and Hearn's sentence before the men 
were marched to the gallows at the hour designated for the 
execution. Then they were shown the boxes prepared for their 
burial, and the reprieve was for the first time read to them. 

By a curious coincidence Mrs. Gittings on the night of 
February 23, 1865, the fourth anniversary of her entertain- 
ment of Mrs. Lincoln, again appeared as a suppliant for 
clemency at the hands of the President. This time she went 
in behalf of John Yates Beall. a Confederate officer from Vir- 
ginia, about to be executed at Governor's Island, New York 
Harbor. Beall's friends everywhere were on the move. Score* 
of prominent people from various cities had for days besieged 
the White House about the case. Ninety members of Con- 
gress, irrespective of party, united in a petition for a com- 
mutation of sentence. The clamor from all quarters became 
intolerable. To escape incessant importunities, the President 
finally closed the doors of the White House to all visitors in 
Beall's behalf. 

It was at this juncture that Mrs. Gittings appeared, accom- 
panied by Montgomery' Blair, former Postmaster General in 
Lincoln's Cabinet. She too was denied a hearing. The Presi- 
dent, from the first averse to interference, continued inflexible 
in his purpose not to stay the execution. It was, therefore, 
tint surprising that Mrs. Gittings was not exempted from his 
preannounced determination to turn away all such intcrceders 
Furthermore. Mr. Lincoln had not long since subordinated the 
demands of public duty to the discharge of a personal obliga- 
tion in the case of Embert, Lyon, and Hearn, for which he had 
expressed due appreciation. Having fully liquidated that debt, 
the President was free to ignore Mrs. Gittings's present visit. 
Before the lapse of many weeks Lincoln had forever passed 
beyond the reach of pardon seekers. 

[ < 1 



LIBRARY OF CONGRESS 

II !' 'I I W HI 1 !!! Ill 



013 704 571 % 



